Protecting Older Workers Against Discrimination Act of 2021 This bill revises the evidentiary standard for age discrimination by establishing an unlawful employment practice when the complaining party demonstrates that age or participation in an investigation, proceeding, or litigation related to an age discrimination claim was a motivating factor for an adverse practice, even though other factors also motivated the practice (thereby allowing what are commonly known as mixed motive claims). The bill (1) permits the complaining party to rely on any type or form of admissible evidence, which need only be sufficient for a reasonable trier of fact to find that an unlawful practice occurred; and (2) declares that the complaining party shall not be required to demonstrate that age or retaliation was the sole cause of the employment practice (thereby rejecting the Supreme Court's decision in Gross v. FBL Financial Services, Inc. , which requires the complainant to prove that age was the but-for cause for the employer's decision). The bill applies this evidentiary standard to other employment discrimination and retaliation claims, including claims under the Civil Rights Act of 1964, the Americans With Disabilities Act of 1990, and the Rehabilitation Act of 1973. In a claim in which age discrimination is shown, but where the employer demonstrates that it would have taken the same action absent the motivating factor of age, the bill authorizes courts to grant declaratory and injunctive relief, but prohibits the court from awarding damages or issuing an order requiring any admission, reinstatement, hiring, promotion, or payment. This limitation also applies to claims of discrimination based on disability. The bill also includes reporting requirements for the Equal Employment Opportunity Commission and the Department of Labor.
Stop Tip-overs of Unstable, Risky Dressers on Youth Act or the STURDY Act This bill requires the Consumer Product Safety Commission to revise the safety standards for freestanding clothing storage units such as a dressers, bureaus, or chests of drawers. Such standards must include specified testing related to tip overs and new warning requirements for all such products entering the U.S. market.
This resolution reaffirms the goals of World Refugee Day and the commitment of the United States to promote the safety and well-being of refugees.
This resolution requires an analytical statement to be included in committee reports on whether, and the extent to which, the increased budget authority, outlays, or revenue produced by the enactment of a bill or joint resolution may have an inflationary impact on prices and costs in the operation of the national economy and the purchasing power of low- and middle-income families.
Patsy T. Mink and Louise M. Slaughter Gender Equity in Education Act of 2021 This bill requires the Department of Education (ED) to establish an Office for Gender Equity to support state and local educational agencies, institutions of higher education, and elementary and secondary schools in fully implementing title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in federally funded education programs or activities. The office may provide grants and perform activities to reduce or prevent sex discrimination in all areas of education. The office must provide technical assistance and annual training to title IX coordinators and develop a handbook for conducting self-evaluations of title IX compliance. The training must address discrimination based on multiple characteristics, including race, ethnicity, national origin, disability status, religion, age, or actual or perceived sex. The office may award grants to eligible entities and partnerships that apply to carry out programs and activities designed to implement title IX and prevent and reduce sex discrimination, including programs that increase access to resources. ED must coordinate with the Institute of Education Sciences and other federal entities to investigate, identify, and disseminate best practices to (1) reduce and prevent sex stereotyping, bias, and discrimination in educational materials; (2) address sex-based harassment and violence on campuses; (3) develop counseling and career guidance training; (4) mitigate implicit bias in teaching and discipline; and (5) address the needs of students who face discrimination based on multiple characteristics.
Veteran Families Health Services Act of 2021 This bill addresses fertility treatments, counseling, and other health-related programs for veterans and members of the Armed Forces. Specifically, the bill requires the Department of Defense (DOD) and the Department of Veterans Affairs (VA) to provide fertility treatments and counseling to covered veterans and active duty service members or a spouse, partner, or gestational surrogate of such veteran or service member. A covered veteran or service member is a former or current member of the Armed Forces who has an infertility condition, unless it is demonstrable that the individual was completely infertile prior to serving in the Armed Forces. In the case of in vitro fertilization treatment, DOD and the VA may not furnish more than three completed cycles or six attempted cycles, whichever occurs first. DOD must establish procedures related to gamete retrieval and storage. Additionally, DOD must provide service members with the opportunity to cryopreserve and store their gametes prior to deployment to a combat zone or a hazardous duty assignment. DOD and the VA must share best practices and facilitate referrals for the furnishing of fertility treatment and counseling to eligible individuals. Fertility counseling and treatment are included within authorized VA medical services. The VA may pay the adoption expenses (for up to three adoptions) for a covered member who is enrolled in the VA health care system. The VA must facilitate specified reproduction and infertility research conducted collaboratively by DOD and the Department of Health and Human Services.
Healthy Future Students and Earth Pilot Program Act of 2021 This bill establishes a pilot program for providing 100% plant-based food and milk options in school meals. The Department of Agriculture must award up to 50 grants to school food authorities. Recipients may use funds for activities including training food service personnel on serving 100% plant-based options and covering additional costs of buying plant-based foods and milks.
Vanessa Guillén Military Justice Improvement and Increasing Prevention Act This bill modifies the process and policy related to the disposition of charges and convening of courts-martial for certain sexual assault cases and other specified offenses under the Uniform Code of Military Justice (UCMJ). Among other elements, the bill provides that the determinations on the preferral, disposition, and referral of charges for specified offenses under the UCMJ must be made by a commissioned officer of the Armed Forces who is designated as a court-martial convening authority (in grade O-6 or higher) and who is available for detail as trial counsel, has significant trial experience, and is outside the chain of command of the member subject to the charges.
Foreign Gain-of-Function Research Prevention Act of 2021 This bill prohibits the use of federal funds to conduct or support gain-of-function research involving potential pandemic pathogens by China, Russia, Iran, North Korea, or other foreign adversaries. Gain-of-function research is any research that is anticipated to confer an attribute on a pathogen to enhance its pathogenicity or transmissibility in mammals. If the Department of State finds that an entity has used funds for prohibited research, the entity may not receive any federal funding for a period of five years.
Telemental Health Care Access Act of 2021 This bill eliminates certain restrictions relating to Medicare coverage of mental health services that are provided through telehealth. Current law allows for coverage of such services regardless of the geographic location of the originating site (i.e., the location of the beneficiary) after the end of the COVID-19 public health emergency, as long as the beneficiary previously received in-person services and continues to receive in-person services at specified intervals. The bill eliminates these in-person requirements.
Ensuring Patient Access to Critical Breakthrough Products Act of 2021 This bill provides for Medicare coverage of medical devices that are approved under the Food and Drug Administration (FDA) Breakthrough Devices Program. (Under the program, manufacturers work with the FDA to expedite the review and approval of certain medical devices that provide for more effective treatment or diagnosis of life-threatening or irreversibly debilitating human diseases or conditions.) The bill allows designated medical breakthrough devices to be temporarily covered under Medicare during a four-year transitional period. The Centers for Medicare & Medicaid Services (CMS) must assign payment codes for such devices within three months of FDA approval. The CMS must also establish a process to allow for continued coverage after the transitional period has expired, taking into account any additional evidence or data the CMS deems necessary. The CMS must also provide for temporary and, where appropriate, permanent Medicare coverage of breakthrough devices for which there is no existing benefit category (i.e., classification).
Promoting Responsible and Effective Virtual Experiences through Novel Technology to Deliver Improved Access and Better Engagement with Tested and Evidence-based Strategies Act or the PREVENT DIABETES Act This bill requires the Centers for Medicare & Medicaid Services to allow online or virtual diabetes prevention programs that meet standards set by the Centers for Disease Control and Prevention (CDC) to participate in the Medicare Diabetes Prevention Program Expanded Model. The model provides CDC-approved training on dietary changes, physical activity, and other behavioral strategies for beneficiaries who are at risk of developing type 2 diabetes.
